Footnotes

Chapter 1

[1] Items were
classified as form letters where they contained an easily identifiable template
of wording. An item was included as a variation to a particular form letter
where the template of the form letter was used either with or without personal
additions to that template.

[4]
Hon Michael Lavarch, Attorney-General, House of Representatives
Hansard, Second reading speech, 15 November 1994, 3336; Australian Law
Reform Council, Multiculturalism and the Law (1991).

[5] International
Convention on the Elimination of All Forms of Racial Discrimination (CERD)
article 4, International Covenant on Civil and Political Rights (ICCPR) article
20. See, also, Hon Michael Lavarch, Attorney-General, House of
Representatives Hansard, 16 November 1994, 3341.

[6] CERD,
opened for signature 7 March 1966, 660 UNTS 195 (entry into force in Australia 30 November
1975); ICCPR, opened for signature 19 December 1966, 999 UNTS 171 (entered into
force in Australia 13 November 1980).

[8]
Section 18C has been held by the courts to only apply to conduct having
'profound and serious effects, not to be likened to mere slights': Kiefel J in Creek
v Cairns Post Pty Ltd [2001] FCA 1007, [16].

[94]
Ms Katherine Eastman SC, Committee Hansard, 1 February 2017, 7–8.
Any amendment along these lines should not be limited to cases involving the
RDA, but all types of discrimination that the Commission deals with including
sex, disability or age discrimination.

[125]
Ms Karly Warner, Member of Administrative Law and Human Rights Section
Executive Committee and Reconciliation and Advancement Committee, Law Institute
of Victoria, Committee Hansard, 31 January 2017, 44. See also: Mr Daniel
Williams, Partner, MinterEllison, Committee Hansard, 17 February 2017,
35. Mr Williams noted that the Commission adopts a flexible and nuanced
approach to inquiry and conciliation which may not align with strict time
limits.

Chapter 4

[2]Australian Human Rights Commission Act 1986 (AHRC Act), section 11(1)(g).
The functions of each of the individual Commissioners are also described within
this Act. All Commissioners have a legislative duty to 'promote understanding'
of human rights law.

[24]
Multicultural Communities Council of NSW, National Sikh Council of
Australia, Chinese Community Council of Australia, Vietnamese Community in
Australia (NSW), and Macedonia Orthodox Church (Rockdale), Submission 15,
3.

[5] 'The
expression 'public order (ordre public)'...may be defined as the sum of
rules which ensure the functioning of society or the set of fundamental
principles on which society is founded. Respect for human rights is part of
public order (ordre public)': Siracusa Principles on the Limitation and
Derogation Provisions in the International Covenant on Civil and Political
Rights U.N. Doc. E/CN.4/1985/4, Annex (1985), clause 22.